Department of Natural Resources - Water Resources - Identification of Vernal Pools (Jack Cover Vernal Pools Act of 2026), the official text

WES MOORE, Governor                       Ch. 164

Chapter 164

                   (Senate Bill 523)

AN ACT concerning

Department of the Environment Natural Resources – Water Resources –
                        Protection Identification of Vernal Pools
                           (Jack Cover Vernal Pools Act of 2026)

                    (Vernal Pool Wetlands Protection Act of 2026)

FOR the purpose of requiring the Department of the Environment to adopt regulations in
         a certain manner Natural Resources in coordination with the Department of the
         Environment to identify and protect certain vernal pools in the State in a certain
         manner; requiring the Department, when issuing a certain permit, to protect certain
         vernal pools that are located within the geographic area covered by the permit of
         Natural Resources to create and maintain a certain list of vernal pools in the State
         in a certain manner; requiring the Department of the Environment to designate staff
         to receive training in vernal pool identification and to notify the Department of
         Natural Resources under certain circumstances; and generally relating to the
         regulatory protection of water resources and identification of vernal pools in the
         State.

BY adding to
         Article – Environment Natural Resources
         Section 5–205 1–1002
         Annotated Code of Maryland
         (2013 2023 Replacement Volume and 2025 Supplement)

BY repealing and reenacting, without amendments,
         Article – Environment
         Section 5–901(a), (b), (f), and (m)
         Annotated Code of Maryland
         (2013 Replacement Volume and 2025 Supplement)

                   Preamble

         WHEREAS, Vernal pools are unique, small–scale ecosystems that contribute
significantly to the biodiversity of Maryland by providing habitat for species that cannot
reproduce in alternative habitats, including the wood frog, mole salamanders, and fairy
shrimp; and

         WHEREAS, Vernal pools provide a significant amount of ecosystem services as they
occur frequently throughout Maryland and have the capacity to replenish groundwater and
filter stormwater flows; and

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Ch. 164  2026 LAWS OF MARYLAND

         WHEREAS, Nontidal wetlands that meet the three federal wetland delineation
criteria of hydrology, hydric soils, and hydrophytic vegetation, including vernal pools that
satisfy those criteria, are regulated and protected by the State; and

         WHEREAS, Vernal pools that do not meet all three federal wetland delineation
criteria are not afforded the regulatory protections applicable to nontidal wetlands in the
State and may suffer impairments or losses without regulatory review or approval; now,
therefore,

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

         Article – Environment

5–205.

        (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

                (2) “AGRICULTURAL ACTIVITY” HAS THE MEANING STATED IN §
5–901 OF THIS TITLE.

                (3) “FORESTRY ACTIVITY” HAS THE MEANING STATED IN § 5–901 OF
THIS TITLE.

                (4) “NONTIDAL WETLAND” HAS THE MEANING STATED IN § 5–901 OF
THIS TITLE.

                (5) “OBLIGATE SPECIES” MEANS AN ANIMAL SPECIES THAT DEPENDS
ON VERNAL POOLS AS A NECESSARY PART OF ITS LIFE CYCLE.

         (6) “QUALIFIED VERNAL POOL” MEANS A CONFINED DEPRESSION

THAT:

         (I) HAS SURFACE WATER FOR PART OF THE YEAR;

                         (II) PROVIDES A PERSISTENT OR BREEDING HABITAT FOR
OBLIGATE SPECIES, INCLUDING NATIVE AMPHIBIANS AND INVERTEBRATES; AND

                         (III) DOES NOT MEET THE CRITERIA FOR PROTECTION AS A
NONTIDAL WETLAND UNDER FEDERAL OR STATE LAW, INCLUDING THE FEDERAL
WETLAND DELINEATION CRITERIA OF HYDROLOGY, HYDRIC SOILS, AND
HYDROPHYTIC VEGETATION.

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WES MOORE, Governor  Ch. 164

                (7) (I) “REGULATED ACTIVITY” MEANS ANY OF THE FOLLOWING

ACTIVITIES IN A QUALIFIED VERNAL POOL OR WITHIN A BUFFER AROUND A

QUALIFIED VERNAL POOL:

                                 1. THE REMOVAL, EXCAVATION, OR DREDGING OF SOIL,
SAND, GRAVEL, MINERALS, ORGANIC MATTER, OR MATERIALS OF ANY KIND;

                                 2. THE CHANGING OF EXISTING DRAINAGE
CHARACTERISTICS, SEDIMENTATION PATTERNS, FLOW PATTERNS, OR FLOOD
RETENTION CHARACTERISTICS;

                                 3. THE DISTURBANCE OF THE WATER LEVEL OR WATER
TABLE BY DRAINAGE, IMPOUNDMENT, OR OTHER MEANS;

                                 4. THE DUMPING, DISCHARGING OF MATERIAL, OR
FILLING WITH MATERIAL, INCLUDING THE DRIVING OF PILES AND PLACING OF
OBSTRUCTIONS;

                                 5. THE GRADING OR REMOVAL OF MATERIAL THAT
WOULD ALTER EXISTING TOPOGRAPHY; AND

                                 6. THE DESTRUCTION OR REMOVAL OF PLANT LIFE
THAT WOULD ALTER THE CHARACTER OF A QUALIFIED VERNAL POOL.

                         (II) “REGULATED ACTIVITY” DOES NOT INCLUDE AN
AGRICULTURAL ACTIVITY OR FORESTRY ACTIVITY AS DEFINED IN THIS SECTION.

        (B) THE DEPARTMENT SHALL ADOPT REGULATIONS TO:

                (1) ESTABLISH AND MAINTAIN A LIST OF QUALIFIED VERNAL POOLS
IN THE STATE;

                (2) ESTABLISH PROTECTIONS RELATED TO THE PRESERVATION OF
QUALIFIED VERNAL POOLS IN THE STATE;

                (3) ESTABLISH PROTECTIONS FOR BUFFERS AROUND QUALIFIED
VERNAL POOLS IN THE STATE; AND

                (4) REQUIRE THAT A PERSON CONDUCTING A REGULATED ACTIVITY

RESULTING IN IMPAIRMENTS OR LOSSES TO A QUALIFIED VERNAL POOL OR A

BUFFER AROUND A QUALIFIED VERNAL POOL:

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Ch. 164  2026 LAWS OF MARYLAND

                         (I) AVOID IMPAIRMENTS AND LOSSES TO THE MAXIMUM
EXTENT PRACTICABLE;

                         (II) MINIMIZE IMPAIRMENTS AND LOSSES TO THE MAXIMUM
EXTENT PRACTICABLE WHERE AVOIDANCE IS NOT POSSIBLE; AND

                         (III) PROVIDE COMPENSATION OR OTHER MITIGATION AS
DETERMINED BY THE DEPARTMENT FOR ANY REMAINING UNAVOIDABLE
IMPAIRMENTS AND LOSSES.

        (C) THE REGULATIONS ADOPTED UNDER SUBSECTION (B) OF THIS SECTION

SHALL APPLY ONLY TO QUALIFIED VERNAL POOLS THAT HAVE BEEN IDENTIFIED OR

DOCUMENTED BY:

                (1) THE DEPARTMENT;

                (2) A PERSON USING IDENTIFICATION METHODS APPROVED BY THE
DEPARTMENT, INCLUDING MAPPING OR OTHER SCIENTIFIC INFORMATION; OR

                (3) A CERTIFIED WETLAND DELINEATOR DURING A SITE ASSESSMENT
CONDUCTED BEFORE THE ISSUANCE OF A PERMIT FOR A REGULATED ACTIVITY.

        (D) (1) IN DEVELOPING THE REGULATIONS UNDER SUBSECTION (B) OF
THIS SECTION, THE DEPARTMENT SHALL, TO THE EXTENT PRACTICABLE:

                         (I) ENSURE THAT THE BUFFER SPECIFICATIONS FOR

QUALIFIED VERNAL POOLS BE CONSISTENT WITH THE BUFFER SPECIFICATIONS FOR

NONTIDAL WETLANDS UNDER § 5–906 OF THIS TITLE; AND

                         (II) ENSURE THAT THE COMPENSATION AND MITIGATION

REQUIREMENTS FOR IMPAIRMENTS AND LOSSES WITHIN QUALIFIED VERNAL POOLS
BE CONSISTENT WITH THE COMPENSATION AND MITIGATION REQUIREMENTS FOR

IMPAIRMENTS AND LOSSES WITHIN NONTIDAL WETLANDS UNDER §§ 5–909 AND
5–910 OF THIS TITLE.

                (2) IN ADDITION TO THE REQUIREMENTS UNDER PARAGRAPH (1) OF
THIS SUBSECTION, THE DEPARTMENT MAY:

                         (I) USE MAPPING OR OTHER SCIENTIFIC INFORMATION TO

IDENTIFY ADDITIONAL QUALIFIED VERNAL POOLS FOR INCLUSION ON THE

DEPARTMENT’S LIST OF QUALIFIED VERNAL POOLS; AND

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         WES MOORE, Governor                                           Ch. 164

                         (II) CONSULT WITH ANY STAKEHOLDER GROUP AS
APPROPRIATE, INCLUDING THE DEPARTMENT OF NATURAL RESOURCES AND THE
UNIVERSITY OF MARYLAND.

        (E) IN ISSUING A PERMIT FOR A REGULATED ACTIVITY, THE DEPARTMENT
SHALL PROVIDE PROTECTIONS FOR ANY QUALIFIED VERNAL POOLS THAT ARE:

                (1) LISTED BY THE DEPARTMENT IN ACCORDANCE WITH
SUBSECTIONS (B) AND (C) OF THIS SECTION; AND

         (2) LOCATED WITHIN THE GEOGRAPHIC AREA COVERED BY THE

PERMIT.

5–901.

(a) In this subtitle the following words have the meanings indicated.

(b) (1) “Agricultural activity” means aquaculture and farming activities.

         (2) “Agricultural activity” includes:

                           (i) Plowing, tillage, cropping, seeding, cultivating, and harvesting
for the production of food and fiber products; and

         (ii) The grazing of livestock.

         (f) “Forestry activity” means planting, cultivating, thinning, harvesting, or any
other activity undertaken to use forest resources or to improve their quality or productivity.

         (m) (1) “Nontidal wetland” means an area that is inundated or saturated by
surface water or groundwater at a frequency and duration sufficient to support, and that
under normal circumstances does support, a prevalence of vegetation typically adapted for
life in saturated soil conditions, commonly known as hydrophytic vegetation.

                  (2) The determination of whether an area is a nontidal wetland shall be
made in accordance with the publication known as the “Federal Manual for Identifying and
Delineating Jurisdictional Wetlands”, published in 1989 and as may be amended.

                  (3) “Nontidal wetlands” do not include tidal wetlands regulated under Title
16 of this article.

         Article – Natural Resources

1–1002.

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Ch. 164      2026 LAWS OF MARYLAND

        (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

                (2) “FACULTATIVE SPECIES” MEANS AN ANIMAL SPECIES THAT USES
VERNAL POOLS IRREGULARLY.

                (3) “OBLIGATE SPECIES” MEANS AN ANIMAL SPECIES THAT DEPENDS
ON VERNAL POOLS AS A NECESSARY PART OF ITS LIFE CYCLE.

                (4) “TYPICAL YEAR” MEANS A YEAR IN WHICH RAINFALL TOTALS
MEET OR EXCEED THE AVERAGE YEARLY RAINFALL FROM THE PREVIOUS 30 YEARS
FOR THE LOCATION WITHIN WHICH THE VERNAL POOL IS LOCATED.

         (5) “VERNAL POOL” MEANS A CONFINED DEPRESSION THAT:

                         (I) HAS SURFACE WATER FOR AT LEAST 2 CONSECUTIVE
MONTHS BETWEEN NOVEMBER AND MAY IN A TYPICAL YEAR;

                         (II) EXPERIENCES A DECREASE IN WATER LEVEL TO 6 INCHES
OR LESS BETWEEN JUNE AND SEPTEMBER IN A TYPICAL YEAR;

                         (III) PROVIDES A PERSISTENT OR BREEDING HABITAT FOR
VARIOUS ANIMAL SPECIES, INCLUDING NATIVE AMPHIBIANS AND INVERTEBRATES
THAT ARE FACULTATIVE SPECIES OR OBLIGATE SPECIES;

                         (IV) CONTAINS LESS THAN 30% AERIAL COVER OF EMERGENT
VEGETATION WHEN FULL;

             (V) IS PREDOMINANTLY OR PARTIALLY SHADED BY WOODY

VEGETATION;

             (VI) IS LESS THAN 5 ACRES IN SIZE; AND

                         (VII) MAY HAVE INTERMITTENT, TEMPORARY CONNECTIONS TO
OTHER BODIES OF WATER.

(B) THE DEPARTMENT SHALL:

                (1) IN COORDINATION WITH THE DEPARTMENT OF THE
ENVIRONMENT, CREATE AND MAINTAIN A LIST OF VERNAL POOLS IN THE STATE;

                (2) ESTABLISH CRITERIA AND PROCEDURES FOR IDENTIFYING AND
INCLUDING VERNAL POOLS ON THE LIST, INCLUDING:

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WES MOORE, Governor  Ch. 164

                         (I) VERNAL POOLS IDENTIFIED BY THE DEPARTMENT IN
CARRYING OUT ITS DUTIES SET FORTH IN THIS ARTICLE;

                         (II) LOCATIONS THE DEPARTMENT DETERMINES MEET THE
DEFINITION OF A VERNAL POOL UNDER SUBSECTION (A) OF THIS SECTION; AND

                         (III) VERNAL POOLS IDENTIFIED BY THE DEPARTMENT OF THE
ENVIRONMENT IN ACCORDANCE WITH SUBSECTION (C) OF THIS SECTION;

                (3) AUTHORIZE:

                         (I) USING MAPPING OR OTHER SCIENTIFIC INFORMATION TO
IDENTIFY ADDITIONAL VERNAL POOLS FOR INCLUSION ON THE LIST; AND

                         (II) CONSULTING WITH ANY STAKEHOLDER GROUP AS
APPROPRIATE, INCLUDING THE DEPARTMENT OF THE ENVIRONMENT AND THE
UNIVERSITY OF MARYLAND, TO IDENTIFY VERNAL POOLS FOR INCLUSION ON THE
LIST; AND

                (4) PROVIDE FOR PUBLICATION OF THE LIST OF VERNAL POOLS ON
THE DEPARTMENT’S WEBSITE.

        (C) (1) THE DEPARTMENT OF THE ENVIRONMENT SHALL DESIGNATE
STAFF TO RECEIVE TRAINING IN VERNAL POOL IDENTIFICATION.

                (2) THE DEPARTMENT SHALL PROVIDE VERNAL POOL
IDENTIFICATION TRAINING TO THE STAFF DESIGNATED UNDER PARAGRAPH (1) OF
THIS SUBSECTION.

                (3) IF, IN CARRYING OUT RESPONSIBILITIES UNDER TITLE 5,
SUBTITLE 9 OF THE ENVIRONMENT ARTICLE, STAFF TRAINED UNDER THIS
SUBSECTION IDENTIFY A LOCATION THAT MAY QUALIFY AS A VERNAL POOL, THE
DEPARTMENT OF THE ENVIRONMENT SHALL NOTIFY THE DEPARTMENT OF THE

LOCATION FOR POSSIBLE INCLUSION ON THE LIST ESTABLISHED UNDER

SUBSECTION (B) OF THIS SECTION.

                (4) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE
AUTHORITY OF THE DEPARTMENT OF THE ENVIRONMENT TO REGULATE VERNAL
POOLS THAT MEET THE DEFINITION OF NONTIDAL WETLANDS UNDER TITLE 5,
SUBTITLE 9 OF THE ENVIRONMENT ARTICLE.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.

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Ch. 164  2026 LAWS OF MARYLAND

Approved by the Governor, April 28, 2026.

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